Woman found guilty of dangerous driving after texting before fatal crash

By AAP

6 September 2018 — 6:38pm

A woman who was texting before she crashed into a ute on a Perth freeway, killing her workmate, has been found guilty of aggravated dangerous driving causing death.

The case was heard in the WA District Court. Credit:Emma Young

Aine Marie McGrath stood trial in the West Australian District Court charged over the death of Sarah Kelly, 25, on August 14, 2016.

Prosecutors had alleged McGrath was either driving too fast or texting, or both, when she lost control of her car and veered across four lanes of the Mitchell Freeway, near Leederville, crashing into a ute.

But her defence counsel claimed, although she had earlier been texting, she was travelling at the speed limit and had to take evasive action after a vehicle cut in front of her, causing her to lose control.

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The jury began deliberating on Wednesday and returned its verdict after about three hours.

McGrath and her supporters cried as the verdict was handed down.

The driver of the ute, 36-year-old Kate Matthews, held back tears as she testified during the trial that all she could do was slam the brakes and hold onto the steering wheel as she crashed into the passenger door.

Her husband and their twin boys, who were aged five at the time, were also in the ute.

McGrath was granted bail with a $5000 recognisance and $10,000 surety, plus reporting conditions, ahead of a sentencing hearing on October 18.

"You must not think that that is any indication of my sentencing disposition," Judge Stephen Scott said.

"You're not to assume any disposition one way or the other."

Prosecutor Ben Stanwix has foreshadowed arguing for an immediate term of imprisonment.

He also asked Judge Scott to revoke McGrath's licence, but the judge said he did not think it was necessary to ban her before she is sentenced.